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History
- Referred to insurance
Full text
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Sponsor's memo
BILL NUMBER:A10949
Title of bill
An act to amend the insurance law, in relation to requiring consideration, in the determination of rates for liability insurance taken by operators of premises licensed for on premises consumption of alcoholic beverages, of the provision of transportation to patrons; and to amend the general obligations law, in relation to immunity from liability for injury or damage caused by intoxication of another person when the operator of such a premises offers and provides, free of charge, transportation to patrons
Purpose or general idea of bill
This bill encourages bars, restaurants, and clubs licensed to serve alcoholic beverages incentive to offer free transportation for intoxicated patrons, thus decreasing the incidences and motivations for intoxicated driving, by removing the insurance disincentives to the operator of such premises.
Summary of specific provisions
Section 1 adds section 2327 to the insurance law, establishing the provision of transportation for premises licensed for on premises consumption of alcoholic beverages. Liability insurance rates related to injury or damage by intoxicated persons shall be appropriately reduced to reflect the insurer's reduced exposure. Paragraph (a) defines transaction scans for proof of age upon all patrons purchasing alcohol as an act that reduces exposure, Paragraph (b) defines the free transport of intoxicated and potentially intoxicated individuals to their home or place of lodging as a second act that reduces exposure.
Section 2 adds section 11-109 to the general obligations law, granting to the licensed operator or any agent or employee thereof, immunity from liability for injury or damage caused by intoxication of patrons when the licensed operator performs transaction scans for proof of age upon all patrons purchasing alcohol, and provides free transport of intoxicated and potentially intoxicated individuals to their home or place of lodging.
Justification
To combat the incidences of deaths and injuries caused by DWI, New York State must take immediate action.
We need to enforce Zero Tolerance sentencing and parole guidelines to appropriately punish those convicted of violent felonies caused by DWI, such as vehicular homicide, vehicular manslaughter, and vehicular assault. Such sentences will also serve to discourage such behavior.
However, New York State must also encourage responsible behavior. Proprietors who are licensed to serve alcohol on the premises are willing to safeguard their patrons by offering free transportation, but liability insurance rates imposed for such responsible acts penalize the proprietors by assuming unreasonable liability.
Prior legislative history
This is a new bill.
Fiscal implications
None of note.
Effective date
This act shall take effect immediately, provided that section one of this act shall apply to policies and contracts issued, renewed, modified, altered, or amended on or after such effective
date, and provided that section 2 of this act shall apply to causes of action commenced on or after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.